Cape Towns weigh in on 'sanctuary'

Friday

Feb 17, 2017 at 7:20 PMFeb 17, 2017 at 7:20 PM

By Rich Eldred reldred@wickedlocal.com

Sanctuary cities are much in the news but that is a formal designation rejected by a couple of local towns even as they contemplate reaffirming their commitment to providing a safe environment for immigrants.

In November 2007 then presidential candidate Rudy Giuliani issued a press released blasting his rival Mitt Romney, who as governor, “recommended over $408 million in state aid to Massachusetts sanctuary cities Cambridge, Orleans, Somerville, Brookline, Brewster and Lexington.”

The release noted that Brewster adopted an article at town meeting in 2003, an article that forbid local officials from “enforcing immigration matters.”

That’s a bit of an exaggeration as the article text “forbid(s) all local and non local officials in Brewster, in the absence of probable cause of criminal activity, to the extent legally permissible from…enforcing immigration matters.”

“We are not an arm of the federal government and we don’t ask citizens for proof of their status,” he said. “But when somebody is arrested they are held in the Barnstable County House of Correction and if ICE (Immigration Customs and Enforcement) wants to pick them up that’s their business. If there is no warrant we don’t do that. That would violate their Fourth Amendment rights.”

This is an issue because there is a citizen’s petition coming before town meeting in May that would reaffirm this status. There is a similar petition before Eastham’s selectmen, with enough signatures for town meeting as well.

This summer, during the presidential campaign, Orleans denied they were a sanctuary city.

“We also did a review of the policies of the board of selectmen and the Orleans Police Department and did not turn up any language that would suggest this designation,” Orleans Town Administrator John Kelley told Cape Codder reporter Doreen Leggett in July.

Brewster also says they are not officially a sanctuary city as they’re not sheltering anyone or preventing enforcement.

“Our request does not ask for a change but to continue current practice,” Brewster petitioner the Rev. Rod MacDonald told the selectmen Monday. “In 2003 a resolution was passed on the protection of civil liberties and it called on law enforcement not to involve themselves in immigration matters that are the responsibility of ICE.”

“This is an important time to reaffirm and make a public stance in light of what we’ve already seen of the harsher stance of the new administration,” he added. “Sanctuary is a misleading label. That could imply the town is harboring a person who has committed a serious crime.”

The petition ask the town to refrain from using town funds to enforce and resources to enforce immigration laws unless presented with a criminal warrant or other evidence of probable cause required by the fourth amendment to the constitution.

“The first argument in favor is the relationship between the undocumented and the police tends to be healthier, particularly in regards to domestic abuse, when people feel safe they are more likely to call law enforcement,” petitioner Margaret Rice Moyer explained. “Another reason is to avoid entangling local officials beyond what the expected amount of time is.’

There are more important reasons for her support.

“Many fine are beginning to rebuild their lives in our country,” she said. “They do work many Americans are unwilling to do. They study to improve their lot. They pay taxes. The summer economy runs on a large immigrant population. We are determined to make this a place for the immigrant population to thrive. We’re not in favor of deportation and breaking up families.”

The selectmen voted 5-0 to support the article.

Eastham will also have a town meeting article with almost identical wording with the same rationale. Selectwoman Elizabeth Gawron suggested the board adopt it as their own article but it will appear as a citizen’s petition.

“We specifically did not use the word sanctuary here,” Gawron said. “Folks spoke with the police chief last week and he is in full support. It is also the current practice in schools. There is no policing of students or families when they come in.”

“This is a polarizing issue. It has two sides. I understand that,” said finance committee member John Knox. “I’m concerned if we lose funding – have we taken into account what we’re going to lose?”

President Trump issued an executive order Jan. 25 that would deny federal grants to “sanctuary jurisdictions” that refuse to comply with U.S. Code 1373 and the Secretary of Homeland Security would make the determination is on whether a town was a “sanctuary jurisdiction.” Homeland Security is also supposed to issue a weekly report on crimes committed by aliens in sanctuary towns.

The Brewster selectmen weren’t overly concerned about a loss of funds and the town policy was to cooperate when there was a warrant.

“This does not change police policy in any way,” selectmen chairman John Dickson said.

“The article states only what is permissible by law,” Selectman Peter Norton added. “We had town counsel review this and we are not designated a sanctuary town. This is more of a political statement. People should not need to live in fear.”

Similar petitions will appear in other towns as well.

“We’re an Ad Hoc group of concerned folk in a number of Outer Cape towns and we are exploring possibilities of responding to the kind of policies that have been threatened against the most vulnerable people around including undocumented persons,” said MacDonald, the Brewster minister, by phone. “This is not about shielding criminals from the consequences of what they’ve done. The overarching issue is the lack of an immigration policy in the United States.”